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Unreliable Indentification Leads to Not Guilty

Early one morning in July, the police received a phone call reporting loud music disturbing the peace and quiet of the caller. A patrol car arrived at the area within minutes and drove around for ten or fifteen minutes but found nothing. Three hours later the patrol car had a suspect of an unrelated offense in the back seat when the alleged victim walked up and informed the police the man in the backseat was the person walking around playing loud music. Client had in his possession a cell phone and backpack with a speaker attached, but denied walking around playing loud music. Client was charged with disordering conduct by distributing the peace and quiet by making unreasonable noise.

At trial the victim testified that the perpetrator had walked past his property through the alley playing loud music while he was sleeping on the patio. When asked to turn down the music, the perpetrator held his arm above the block wall holding the microphone up above the wall. The victim was unable to see who was holding the microphone.

Upon further testimony of the victim, he claimed to have seen our client on fifteen other occasions playing loud music. The witness claimed to have followed the perpetrator and saw that he was in the backseat of the patrol car; however, client's arrest occurred three hours after the incident.

The testimony of the victim was inconsistent and not reliable as to identification. Client was found not guilty.

Brian DiPietro

Location: Tempe, Arizona Phone: 623-242-2655 Fax: 480-753-4427 Email: [email protected] Brian DiPietro, a Phoenix, Arizona criminal defense attorney has more than 38 years experience defending clients in a wide variety of cases involving DUI, drug charges, theft, assault, fraud, domestic violence, and other major feloni...